The UK government has been granted permission to appeal a recent high court ruling that deemed its ban on Palestine Action under anti-terrorism laws unlawful. The decision, announced Wednesday, means the ban will remain in effect while the case proceeds to the Court of Appeal, leaving the fate of hundreds of individuals arrested in connection with the group uncertain.
The initial ruling on February 13th found that the government’s decision to proscribe Palestine Action was “disproportionate,” arguing that the group’s activities, largely focused on targeting businesses perceived as complicit in supporting Israel, did not meet the threshold for terrorism. Home Secretary Shabana Mahmood immediately signaled her intention to challenge the decision, stating her disagreement with the notion that banning the organization was disproportionate.
The appeal will be heard in the Court of Appeal, but no date has been set. The high court order allows Mahmood to challenge the ruling, but crucially, it denies a cross-appeal from Huda Ammori, co-founder of Palestine Action, preventing her from re-arguing points previously rejected by the court. This means the focus of the appeal will center on the government’s original justification for the ban.
High Court Found Ban Interfered with Freedoms
The high court’s initial judgment highlighted a “very significant interference” with the rights to freedom of speech and assembly. Judges Dame Victoria Sharp, Mr Justice Swift, and Ms Justice Steyn determined that the majority of Palestine Action’s activities did not reach the “level, scale and persistence” required to be classified as terrorism. The group targets organizations it believes profit from Israeli actions in Palestine, often through direct action and protests.
The proscription of Palestine Action, enacted last July, made membership or support for the group a criminal offense, punishable by up to 14 years in prison. Since then, over 2,500 people have been arrested, with more than 500 facing charges, primarily under section 13 of the Terrorism Act, for actions such as displaying placards stating “I oppose genocide, I support Palestine Action.” A conviction under this section carries a maximum sentence of six months imprisonment.
The Metropolitan Police initially announced they would halt arrests for showing support for Palestine Action following the high court’s ruling, but clarified they would continue to gather evidence for potential future prosecutions.
Impact on Arrested Individuals Remains Uncertain
The continuation of the ban pending appeal leaves in limbo the legal status of those arrested. Last week, Paul Goldspring, the chief magistrate of England and Wales, directed that court proceedings against individuals charged with supporting Palestine Action be suspended until the outcome of the appeal is known. All defendants who have appeared in court to date have pleaded not guilty, and no trials have been held.
The government’s decision to appeal underscores its commitment to the proscription, despite the high court’s concerns about proportionality. The ruling prompted a debate about the balance between national security and the right to protest, with critics arguing the ban stifled legitimate dissent.
The high court likewise found that the home secretary’s decision breached her own policy on proscription, raising questions about the process and justification for the ban.
As the case moves to the Court of Appeal, the focus will be on whether the government can demonstrate that the ban on Palestine Action was a proportionate response to a genuine terrorist threat. The outcome will have significant implications for the future of protest movements and the scope of anti-terrorism legislation in the UK.
What comes next is a waiting game. The timeline for the Court of Appeal hearing remains unclear, leaving those arrested and facing charges in a state of uncertainty. The government’s arguments will be closely watched by civil liberties groups and activists concerned about the potential chilling effect of the ban on legitimate protest.
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